A job that requires advance knowledge about a specific skill or trade generally falls into the category of skilled labor. The exact definition for skilled labor varies by industry and geographical standards; however, it typically applies to workers who obtained long periods of formal training. Minimum wages for a skilled laborer depend on whether the employee is exempt or nonexempt, which is based on job duties, not job titles.

Identification

Examples of skilled labor include plumbers, carpenters, business executives, accountants, plumbers, engineers, police, mechanics, managers and crafts persons. These workers received specialized training in their area of practice and might need to obtain certification or licensing from the state. To determine whether minimum wage applies to a skilled laborer, an employer must examine the employee’s tasks and the requirements under the Fair Labor Standards Act and applicable state law.

Federal Exempt Rules

The FLSA exempts specific employees from its minimum wage and overtime pay requirements. Some of these employees might be skilled laborers. For example, executives with the authority to hire and fire other workers, whose main duty is managing the company or a division within it, and who frequently direct the work of at least two full-time workers are excluded from FLSA minimum wage and overtime pay provisions. However, executives must receive a minimum salary of at least $455 per week, as of 2013. Exempt skilled workers may also include administrative, professional and computer employees. In most cases, these employees must receive a minimum of $455 per week on a salaried, hourly or fee basis.

Federal Nonexempt Wages

If you do not perform the job duties required for exempt status under the FLSA, you are nonexempt. A nonexempt skilled laborer must receive at least the federal minimum hourly wage of $7.25, as of 2013. Employees who obtained their skills through experience instead of through advanced formal training and skilled trade laborers such as mechanics, plumbers, carpenters and electricians are generally nonexempt. Under the FLSA, nonexempt skilled laborers must receive overtime if they work more than 40 hours for the week.

State Law

Some states set a higher minimum wage than the FLSA. In this case, exempt and nonexempt skilled workers are entitled to the greater rate. For example, the minimum salary requirement for exempt skilled workers in California is twice the state minimum hourly wage, which is $8 as of 2013. Nonexempt skilled laborers in California must receive at least the state minimum hourly wage. Some states, such as Texas, have the same minimum wage rate as the FLSA.

Considerations

Whether a skilled laborer is exempt or nonexempt under federal or state law is a highly complex matter. To determine which category you fall under and whether you are entitled to the minimum hourly wage or a minimum salary requirement, consult your human resources department. Or you may contact the U.S. Department of Labor, Wage and Hour Division, or the state labor department.

About the Author

Grace Ferguson has been writing professionally since 2009. With 10 years of experience in employee benefits and payroll administration, Ferguson has written extensively on topics relating to employment and finance. A research writer as well, she has been published in The Sage Encyclopedia and Mission Bell Media.